A patent gives its owner the right to prevent others from making, using, importing or selling the invention without its approval. Before such a right is granted, there obviously is a rigorous check on whether the process or product is inventive (i.e. isn’t obvious), novel (hasn’t been anticipated in any published document) and industrially applicable (possesses utility). It involves a search of the database of the intellectual property regulator of India to check whether there exists an object or invention that is the same as or similar to applicant’s invention. This is also known as a prior art search.
A patent registration helps you to get a patent of an intellectual property right to an invention carried out by an individual or firm. IP department has been initiated by Indian government to grant you the full right to register your invention under patent (but only if it is unique). In return the inventor must produce all the proofs related to the invention as asked by the government. It also ensures that owner gets more preference over other person for your particular invention. In India, Patent is being governed by the Patent Act 1970 & Patent Rules 1972.
Patent does not long for a lifetime. If you file a patent now then after a period of 20 years it falls under the public domain. The invention can be anything such as process, art, method to manufacture, particular apparatus, machine, computer software, technical application, chemicals or drugs.
Form-1 Patent Application
Proof of right to file application from the inventor
Provisional specifications, if complete specifications are not available
Complete specification in Form-2 within 12 months of filing of provisional specification
Statement and undertaking under Section 8 in Form- 3, if applicable. Form 3 can be filed along with the application or within 6 months from the date of application
Declaration as to inventor ship in Form 5 for applications with complete specification or a convention application or a PCT application designating India. Form-5 or Declaration as to inventor ship can be filed within one month from the date of filing of application, if a request is made to the Controller in Form-4.
Power of authority in Form-26, if patent application is being filed by a Patent Agent. In case a general power of authority, then a self attested copy of the same can be filed by the Patent Agent or Patent Attorney
Priority document must be filed in the following cases: o Convention Application (under Paris Convention). o PCT National Phase Application wherein requirements of Rule 17.1(a or b) of has not been fulfilled. o Note: Priority document must be filed along with the application or before the expiry of eighteen months from the date of priority, to enable early publication of the application.
If the Application pertains to a biological material obtained from India, the applicant is required to submit the permission from the National Biodiversity Authority any time before the grant of the patent. However, it is sufficient if the permission from the National Biodiversity Authority is submitted before the grant of the patent
The Application form should also indicate clearly the source of geographical origin of any biological material used in the specification.
All patent applications must bear the signature of the applicant or authorized person or Patent Attorney along with name and date
Provisional or complete specification must be signed by the agent/applicant with date on the last page of the specification. The drawing sheets attached should also contain the signature of an applicant or his agent in the right hand bottom corner
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